{"operation":"document","citation":"07-0160","title":"Charkit Chemical Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-09-24","effective_on":null,"summary":"07-0160 response to Charkit Chemical Corporation concerning 173.150, 173.4, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0160.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0160.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0160","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070160.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n1200 New Jersey Ave., S.E\nPipeline and Hazardous\nof Transportation\nWashington. DC 20590\nAdministration\nMaterials Safety\nSEP 24 2007\nRegulatory Compliance Manager\nMr. Steve J. Catania\nReference No. 07-0160\n32 Haviland Street\nCharkit Chemical Corporation\nP.O. Box 90\nSouth Norwalk, CT 06853\nDear Mr. Catania:\nThis is in response to your August 6, 2007 letter and August 28, 2007 telephone conversation\namounts up to 200 grams (0.44 pounds). You ask what exceptions may be used to transport\nwith a member of my staff concerning Class 3 (flammable) liquids placed in packagings in\nthese materials by motor vehicle and aircraft under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). According to your letter, the materials meet the definition of\nClass 3 material in Packing Group II or III, are used for the research and development of new\nfragrances and products, and do not meet the definition of another hazard class, a hazardous\nwaste, hazardous substance, or marine pollutant.\nThe HMR provide a number of exceptions for the transportation of Class 3 materials,\nmaterials may be transported in accordance with the small quantity exception in § 173.4, the\ndepending on their flashpoint and how they are packaged and transported. Specifically, Class 3\nmaterials of trade exception in § 173.6, or the limited quantity exception in § 173.150. In\naddition, certain Class 3 materials may be re-classed as combustible liquids. These exceptions\nare explained in detail below.\nSmall Quantity Exception\nUnder the small quantity exception prescribed in § 173.4, high-integrity packagings containing\nsmall amounts of hazardous materials that are packaged as specified are not subject to\nregulation under the HMR. Class 3 materials that qualify for this exception meet Packing\niquid full at 55 °C (131 °F) and must have removable closures held securely in place with wire\n1 ounce) that are placed in strong outside packagings. The inner packagings must not b\ncompleted package must not exceed 29 kg (64 pounds). A shipper certifies the package\nprescribed in § 173.4(a)(6) from a height of 1.8 meters (5.9 feet). The gross mass of the\n173.4\n173.6\n070160\n173.150\n\n<<<PAGE 2>>>\n\ncomplies with the small quantity exception by marking the outside of the package with the\ntransportation by aircraft, § 173.4(a)(11) requires that the hazardous materials in these packages\nstatement \"This package conforms to 49 CFR 173.4.\" When offered or intended for\nmust be authorized for transport on board passenger-carrying aircraft. Carriage of the\nhazardous material in checked or carry-on baggage is not authorized.\nMaterials of Trade Exception\non a motor vehicle: (1) to protect the health and safety of the operator or passengers; (2) to\nA material of trade (MOT) is a hazardous material, other than a hazardous waste, that is carried\n(3) by a private motor carrier in direct support of a principal business that is other than\nsupport the operation of maintenance of the motor vehicle, including its auxiliary equipment; or\ntransportation by motor vehicle. See § 171.8. For the Class 3 materials you described, you\nmay utilize the MOTs exception provided the materials are packaged in the manufacturer's\noriginal packaging or a packaging of equal or greater strength and integrity that is leak proof\nfor liquids, securely closed, secured against shifting, and protected from damage. Receptacles,\nsuch as cans and bottles, containing MOTs do not require outer packagings if the receptacles\nare secured against shifting in cages, carts, bins, boxes, or compartments. Non-bulk packagings\nmaterial it contains, including the letters \"RQ\" if it contains the reportable quantity of a\nmust be marked with a common name or proper shipping name that identifies the hazardous\nhazardous substance. The carrier must be informed of the presence of the hazardous material\nand the requirements contained in § 173.6. The gross mass or capacity of the packaging must\nnot exceed 30 kg (66 pounds) or 30 L (8 gallons). The aggregate gross weight of most MOTs\non a motor vehicle may not exceed 200 kg (440 pounds), and may be transported in the same\nvehicle with other hazardous materials without affecting its eligibility as a MOT.\nLimited Quantity Exception\nA limited quantity is the maximum amount of a hazardous material for which there is a specific\nlabeling and packaging exception under the HMR. See § 171.8. Section § 173.150(b)\nauthorizes Class 3 materials meeting Packing Groups II and III to be transported as a limited\nquantity when placed in inner packagings up to 1 L (0.3 gallons) and 5 L (1.3 gallons),\nrespectively, in strong outer packagings that weigh up to but do not exceed 30 kg (66 pounds).\nWhen complete, the package must conform to the general packaging requirements prescribed in\n§§ 173.24 and 173.24a. When transported by aircraft, the Class 3 material must be authorized\nfor transport on board passenger-carrying aircraft, and the package must conform to the general\nrequirements for transportation by aircraft prescribed § 173.27. Limited quantity packages are\nexcepted from labeling, unless transported by aircraft, and placarding, as prescribed in Subparts\nE and F of Part 172.\nCombustible Liquid Exception\nA combustible liquid is a liquid that does not meet the definition of any other hazard class and\nhas a flash point above 60 °C (140 °F) and below 93 °C (200 °F). In addition, a flammable\nliquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any\nother hazard class may be reclassed as a combustible liquid. See § 173.120(b). Under\n2\n\n<<<PAGE 3>>>\n\n§ 173.150(f)(2), when not transported by vessel or aircraft, a combustible liquid that is not a\nplaced in a non-bulk package (i.e., a package with a maximum capacity of 450 L (119 gallons)\nhazardous substance, hazardous waste, or marine pollutant is not subject to the HMR when\nor a maximum net mass of 400 kg (1,000 pounds)).\nYou mentioned that many of the air carriers your company uses prefer to use the International\ndo not have official standing under the HMR. The regulations recognized by the HMR and\nAir Transport Association's (IATA's) Dangerous Goods Regulations. The IATA regulations\nauthorized in § 171.11 as an alternative to the HMR for transporting hazardous materials by\naircraft are the International Civil Aviation Organization's (ICAO's) Technical Instructions for\nthe Transport of Dangerous Goods by Air (Technical Instructions). A hazardous material\nclassed, packaged, marked, labeled, described and certified on a shipping paper in accordance\nand through the United States by aircraft provided it also conforms to the requirements\nwith the ICAO Technical Instructions may be offered and accepted for transportation withir\nprescribed in the HMR for small quantities and limited quantities under Sections 2.4 and 2.5.\nprescribed in § 171.11. The ICAO Technical Instructions provide similar exceptions to those\nrespectively, but do not prescribe requirements for combustible liquids or MOTs.\nI hope this satisfies your request.\nSincerely\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\nkamonson\nCharkit Chemical Corporation .\n$173.22\n32 Haviland Street, P.O. Box 90, South Norwalk, CT 06854\n203-299-3220 • Fax: 203-299-1355\n3173.6\nwww.charkit.com • e-mail: sales@charkit.com\nApplicabilt\n17 - 0160\nAugust 6, 2007\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n2\"d Floor\n1200 New Jersey Avenue, SE East Building\nWashington, DC 20590\nDear Mr. Edward T. Mazzullo:\nhazardous material in a motor vehicle (automobile) in quantities less than 200 grams.\nI am writing to your office for an official interpretation regarding the transportation of a\nAs I am fully aware of the requirements of transporting hazardous materials, I am\nuncertain of the requirement when hazardous materials are transported in such small\nregulated by DOT and if so can you provide the specific regulation in 49 CFR? In\nquantities. Are shipments of hazardous materials in quantities less than 200 grams\naddition. can you provide the requirements necessary to transport this small quantity (if\napplicable)? Lastly, is it permissible to transport this quantity by automobile and if so\nplease advise the requirements?\nI look forward to receiving your interpretation and if you have any questions regarding\nmy request, please feel free to contact me at 203-299-3262.\nSincerely,\nM. ....\n-\nRegulatory Compliance Manager\nCHARKIT CHEMICAL CORPORATION","truncated":false,"body_characters":8564}